RAM DASS Vs. RANJIT KUMAR

JUDGEMENT

(1.) THIS is defendants' regular second appeal against the judgment and decree of the Additional District Judge dated 16. 1. 1989 whereby the appeal filed by the plaintiffs was accepted, thus decreeing their suit.

(2.) AT the motion hearing, it was argued by the counsel for the appellants that application for additional evidence was allowed without granting an opportunity to the appellants to produce evidence in rebuttal. Noticing this contention, notice of motion was issued and ultimately the appeal was admitted.

(3.) I have heard learned counsel for the parties and perused the documents referred to by the learned counsel for the appellants i. e. applications for additional evidence and the order passed by the Court on 16. 1. 1989. Admittedly, no opportunity has been afforded to the defendant-appellants to adduce evidence in rebuttal. In case reported as Harichand and Ors. v.